Delhi excise policy case: Supreme Court accepts MLC Kavitha’s plea against ED summons

The Apex Court had issued directions to the ED to file a counter-affidavit within six weeks on Kavitha’s petition. Two weeks thereafter, Kavitha has been instructed to file her rejoinder.

Hyderabad: The Supreme Court on Friday accepted the plea of BRS MLC K Kavitha against the summons issued by the Enforcement Directorate in connection with the Delhi excise policy scam case. The bench of Justices Sanjay Kishan Kaul and Sudhanshu Dhulia said it would consider whether a woman can be called to the ED office for questioning.

The Apex Court had issued directions to the ED to file a counter-affidavit within six weeks on Kavitha’s petition. Two weeks thereafter, Kavitha has been instructed to file her rejoinder.

---

The BRS legislator had filed the petition in the Supreme Court raising questions of whether a woman could be summoned by the ED for questioning to another city on a short notice. She argued that it was illegal to call a woman to the ED office for questioning.

The top court was hearing a batch of pleas concerning the summons issued by the ED to various political leaders, asking them to come for interrogation in Delhi. It had adjourned these matters on Friday after stating that they the pleas needed to be heard on merits.

Senior advocates Kapil Sibal, Mukul Rohatgi, Vikram Chaudhari and Telangana Additional Advocate General J Ramachander Rao appeared the hearing on behalf of Kavitha. They pleaded the court to grant a stay order against the ED investigation suspending the execution of the notices to attend the hearing under Sections 50(2) and 50(3) of the Money Laundering Act, until the Apex Court gives a final verdict.

Kavitha’s advocates argued that her name was not even mentioned in the FIR of the Delhi liquor case and sought to know why the ED summoned her for questioning in Delhi, when the CBI, which was also investigating the same case, questioned her at her residence in Hyderabad. They pointed out that it was against the law to question a woman at the ED office after the office hours till 8 pm.

However, the bench said as the petition filed by Kavitha has been accepted for hearing in the Supreme Court, the ED will not be able to take any action against her until the hearing is completed and judgement is given.